Approved
by the Order of the Minister
of National Economy
of the Republic of Kazakhstan
dated March 30, 2016 No. 151
State Service Standard
" Acquisition of Rights to land plots that are in state ownership, which does not require bidding (contests, auctions)"
Footnote. The standard is in the wording of the order of the Deputy Prime Minister of the Republic of Kazakhstan-the Minister of Agriculture of the Republic of Kazakhstan dated 21.01.2019 No. 18 (entered into force after ten calendar days after the date of its first official publication).
Chapter 1. General provisions
State service " Acquisition of rights to land plots that are in state ownership, which does not require bidding (contests, auctions)" (hereinafter – the state service).
The State Service Standard (hereinafter referred to as the Standard) was developed by the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the Ministry).
The state service is provided by local executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent, districts, cities of regional significance, cities of district significance, akims of settlements, villages, rural districts (hereinafter referred to as the service provider).
Acceptance of the application and issuance of the result of the provision of public services are carried out through:
1) the office of the service provider;
2) The State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation).
Footnote. Item 3 as amended by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated 27.09.2019 No. 356 (effective ten calendar days after the date of its first official publication).
Chapter 2. Procedure for the provision of public services
Terms of public service provision:
1) from the date of delivery of the package of documents to the service provider, to the State Corporation:
stage 1: determination of the possibility of using the requested land plot for the stated purpose, production of the act of selection of the land plot, issuance of the conclusion of the land commission 23 (twenty-three) working days;
when applying to a State Corporation, the day of reception is not included in the term of rendering the state service, and the result of rendering the state service by the service provider is provided to the State Corporation the day before the end of the term of rendering the state service;
stage 2: from the date of approval of the land management project, the decision on granting the right of land use to the land plot is made 7 (seven) working days;
2) the maximum allowed waiting time for the delivery of a package of documents is 15 (fifteen) minutes;
3) the maximum allowed service time is 15 (fifteen) minutes.
Form of public service provision: paper.
The result of the provision of a public service the decision of the service provider to grant the right to a land plot or a reasoned refusal to provide a public service on the grounds provided for in paragraph 10 of this Standard.
The form of providing the result of the provision of public services: paper.
The state service is provided free of charge to individuals and legal entities (hereinafter referred to as the service recipient).
Work schedule:
1) the service provider from Monday to Friday from 9.00 to 18.30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan and Article 5 of the Law of the Republic of Kazakhstan of December 13, 2001 "On Holidays in the Republic of Kazakhstan" (hereinafter – the Law on Holidays).
Acceptance of the application and issuance of the result of the provision of public services are carried out from 9.00 to 17.30 hours with a lunch break from 13.00 to 14.30 hours.
The state service is provided at the location of the land plot on a first-come, first-served basis, without prior appointment and accelerated maintenance;
2) State Corporation – from Monday to Saturday inclusive, in accordance with the work schedule from 9.00 to 20.00 hours, without a lunch break, except for Sundays and public holidays, in accordance with the labor legislation of the Republic of Kazakhstan and Article 5 of the Law on Holidays.
The state service is provided at the location of the land plot in the order of "electronic queue" without accelerated maintenance and prior appointment, it is possible to book an electronic queue through the web portal of "electronic government" www.egov.kz (hereinafter-the portal).
The service recipient (or his representative by proxy), including persons who have benefits, submits in one copy to the office of the service provider and to the State Corporation:
stage 1:
1) an application for the acquisition of the right to a land plot in the form specified in Annex 1 to this Standard;
2) an identity document (for identification purposes);
stage 2:
approved land management project.
It is not allowed to request documents from service recipients that can be obtained from information systems.
Information about identity documents, registration (re-registration) of a legal entity, registration of an individual entrepreneur, or the beginning of activity as an individual entrepreneur, confirming the ownership of real estate, title and identification documents for a land plot, the absence of encumbrances on a land plot, the service provider and an employee of a State corporation receive from the relevant state information systems through the gateway of "electronic government".
The service provider and the employee of the State Corporation receive the consent of the service recipient to use the information that constitutes a legally protected secret contained in information systems in the provision of public services, unless otherwise provided by the laws of the Republic of Kazakhstan.
When the service recipient submits all the necessary documents:
the confirmation of acceptance of the application in hard copy to the service provider is a mark on its copy of registration in the office with the date and time of receipt of the application;
in the State Corporation, the service recipient is issued a receipt for accepting the application.
In a State corporation, the issuance of ready-made documents to the service recipient is carried out on the basis of a receipt, when requesting an identity card (or its representative according to a document confirming the authority).
The state corporation ensures the storage of the result for one month, after which it transfers it to the service provider for further storage. If the service recipient applies after one month, at the request of the State Corporation, the service provider within one working day sends the completed documents to the State Corporation for delivery to the service recipient.
If the service recipient provides an incomplete set of documents in accordance with the list provided for in this paragraph of the Standard, the employee of the State Corporation issues a receipt for refusal to accept the application in accordance with Annex 2 to this Standard.
The grounds for refusal to provide a public service are:
1) establishing the unreliability of the documents submitted by the service recipient for receiving the state service, and (or) the data (information) contained therein;
2) in respect of the service recipient, there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to receiving a public service;
3) non-compliance of the service recipient and (or) the submitted materials, data and information necessary for the provision of public services with the requirements established by part two of paragraph 1 and paragraph 6 of Article 24, part six of paragraph 3 and paragraph 6-1 of Article 43, part two of paragraph 6 of Article 49-2, paragraph 2, 2-1 and 4 of Article 50 of the Land Code of the Republic of Kazakhstan dated June 20, 2003.
Chapter 3. Procedure for appealing decisions, actions (omissions) of the central state body, the service provider and (or) its officials, the State Corporation and (or) its employees on the provision of public services
Appeal against decisions, actions (omissions) The Ministry, the service provider and (or) its officials, the State Corporation and (or) its employees on the provision of public services: the complaint is filed to the head of the service provider or to the head of the Ministry on working days at the addresses specified in paragraph 15 of this Standard.
The complaint is submitted in writing by mail, through the portal or on purpose through the office of the service provider or the Ministry.
Confirmation of the acceptance of the complaint in the office of the service provider, the Ministry, is its registration (stamp, incoming number and date), indicating the name and initials of the person who accepted the complaint, the date and place of receipt of the response to the complaint. The complaint is signed by an individual or a representative of a legal entity.
Confirmation of acceptance of the complaint in the State Corporation, received both on purpose and by mail, is its registration (the stamp, incoming number and date of registration are put on the second copy of the complaint or in the cover letter to the complaint).
In the complaint:
1) the natural person's surname, first name, patronymic (if any), postal address are indicated;
2) the legal entity's name, postal address, outgoing number and date.
When applying through the portal, information about the appeal procedure can be obtained by calling the unified contact center 1414, 8 800 080 7777.
When sending a complaint through the portal to the service recipient, information about the request is available from the "personal account", which is updated during the processing of the request by the service provider (marks on delivery, registration, execution, response on consideration or refusal of consideration).